Draft Min 8-25-08MINUTES
REGULAR CITY COMMISSION MEETING
August 2S, 2008
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John S. Meserve Commissioner Cazolyn Woods
Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen
Commissioner John L. Fletcher City Manager Jim Hanson
Commissioner Paul Pazsons City Clerk Donna Bartle
Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Borno gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of August 11,
2008.
Motion: Aaarove the minutes of the Regular Commission Meeting of August 11,
2008, as written.
Moved by Borno, seconded by Fletcher.
Commissioner Borno stated there were two scrivener errors on pg 7 under Ordinance
No. 58-08-34 below the title where SS-08-34 should be changed to 58-08-34.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Before the Courtesy of the Floor to Visitors, Mayor Meserve gave the floor to
Commissioner Pazsons. Commissioner Parsons stated, due to his conversations with
many people regarding the Ordinance he introduced and although he believes there is
still a lot of support for the way he looks at it, he will make a motion to withdraw
Ordinance No. 33-08-15.
Motion: Withdraw Ordinance No. 33-08-15
Moved by Parsons, seconded by Woods
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Mayor Meserve recognized and welcomed Councilman Art Graham, Mayor Wolfson,
Mayor Fletcher and Commissioner Waters who were in the audience. Mayor Meserve
opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained
the process for public comments.
Au¢ust 2S, 2008 REGULAR COMMISSION MEETING Pace 2
Chris Lester, 625 East Coast, thanked Commissioner Pazsons for his decision.
Jennifer Keys, 88 W. 4t~ Street, General Manager of Al's Pizza, proposed an
ordinance to allow an exception to the State law to allow dogs in public areas.
Mayor Don Wolfson, 1725 Beach Avenue, expressed his appreciation to Mr. Hanson
and the City staff for everything they did during the tropical storm. He also expressed
his appreciation to Commissioner Parsons for his willingness to accept the Ordinance
and Referendum and for letting the citizens attempt this. He stated if there is a need to
adjust this later, it can be revisited.
Sally Clemens, 1638 Park Terrace West, addressed the Commission regarding the
$109,000 for an Assistant City Manager. She believes some of the duties mentioned
for this position could be done by a qualified and reasonable Administrative Assistant
with the appropriate salary. She stated the Mayport Corridor is under the highly
qualified direction of Dale Hatfield and a grant writer could be hired as needed. She
stated this was not meant as a criticism to any personality, but the City must watch their
money.
Jyoti Ironwood, 391 Main Street, thanked Commissioner Parsons stating she was
glad she did not have to give her speech.
Lindsay Libhart, 351 Main Street, stated she appreciated the Commission keeping an
open mind and giving the citizens an opportunity which she believes will benefit the
City of Atlantic Beach.
Stephen Kuti,1132 Linkside Drive, addressed the Commission stating he was
opposed to the proposed restrictions on pazking boats.
Ellen Glasser, 421 Oceanwalk Dr. S., stated she believes Commissioner Pazsons
probably did the right thing, but stated she would have supported him. She stated
sometimes when governing one has to be cazeful to not put things on the ballot
prematurely that azen't completely thought out. She further stated she appreciates what
all of the Commissioners do.
Michael Hoffmann, 176 Camelia St., addressed the Commission regarding the Palms
Apartments site and the appropriation for additional money to pay for the base and
installation of the public art. Mr. Hoffinann further corrected the minutes from the last
meeting where it stated he said 86% of the voters wanted representation. He stated it
should have said 86% of 13S voted in favor of that, the rest of the city only approved
the referendum by a very small margin.
Kenneth Fink, 1973 Beach Ave, addressed Item 7A, stating he is in favor of allowing
citizens to pay the lower rate for impact fees and still have until the original date of
2011 or 2012 to do the actual hook up to the sewer system.
Kevin McLaughlin, 272 Camelia St., thanked Commissioner Parsons.
August 25,, 2008 REGULAR COMMISSION MEETING Page 3
Barry Wolfgang, 613 Paradise Court, addressed the trash pickups cancelled because
of the storm, stating he believes the pickups could have run on the normal schedule or a
day later, rather than having to wait. He also stated they lose electricity quite often in
this neighborhood and asked if the City can approach JEA about this.
Milton "Barge" Hall, 685 Amberjack Lane, stated he was glad everything was
worked out with the districting. He applauded the citizens for standing up for this
issue. He also asked about the district lines and the residency requirements for running
for a City office, asking if you have to actually live in that particular district for a year,
or if you are a resident of Atlantic Beach for a yeaz and move to that district can you
represent that particulaz district. Mayor Meserve stated this will be addressed.
Barbara Mears, 1604 Coquina Place, addressed the electrical problems with JEA and
asked if the City could apply some pressure to help the citizens with JEA.
Mayor Meserve explained the City is very aware of the problems and stated the
Commission and City Manager will identify the problem areas and address the issues
with JEA.
No one else from the audience spoke so Mayor Meserve closed the Courtesy of the
Floor to Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
Mr. Hanson reported the City's stormwater and sewer systems worked very well during
Tropical Storm Fay. He stated the web page was kept updated throughout the storm.
He reported JEA and the electric system did not work very well, nor did the police
generator which went out. He further stated the reason the debris collection was
postponed two days last week was because Jacksonville closed the landfills.
Mr. Hanson stated there are two emergency steps related to FEMA reimbursement that
need to be approved by the Commission and asked that Public Works Director Rick
Carper explain. Mr. Carper explained he would like to activate two emergency
provisions from Ordinance No. 5-08-50 for this storm clean-up. One section authorizes
the removal of debris from private streets and gated communities.
Motion: Authorize removal of debris from arivate streets and gated communities.
Moved by Fletcher, Seconded by Borno
Mayor Meserve stated Fleet Landing's debris has already been collected and they will
not ask for any help from the City.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
August 2~. 2008 REGULAR COMMISSION MEETING Page 4
Mr. Carper also asked for a waiver to the purchasing procedures to-allow for the use of
emergency bids. He explained for FEMA purposes everything has to be competitively
bid and he needs approval to award the bids. The Ordinance gives the City Manager
and the Mayor or Mayor Pro Tem authority to approve emergency bids. He stated
these bids will be for emergency debris removal from the City Parks and for a hauler to
haul the roll-off containers containing debris from Public Works to the temporary
debris disposal site.
Motion: Authorize City Manager and Mayor to auarove emergency bids in
accordance with Ordinance No. 5-08-50
Moved by Woods, Seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Consent Agenda 4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY
ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED,
THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL
BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND
STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO
THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of Monthly Building Department Report, Utility Sales
Report, Financial Report, New Local Business Tax Receipts for July and Public
Safety Semi Annual Report.
B. Extend the Electrical Troubleshooting, Repair and Installation contract for one
additional year to Brooks & Limbaugh Electric Co., Inc. at the contract prices
(Bid No. 0506-15).
C. Award the Mosquito Control Services (Bid No. 0708-13) contract to
Bluewater Environmental.
D. Award the contract for Concrete Repairs for the Public Works/iJtilities
Department (Bid No. 070$-14) to Sheza General Contractors for one year
starting September 1, 2008.
Mayor Meserve read the Consent Agenda.
Motion: Aunrove Consent Agenda Items A. B, C and D, as read.
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Committee Reports 5. Committee Reports
Au¢ust 23, 2008 REGULAR :COMMISSION MEETING Page 5
None.
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 08-10 -Public Hearing
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE A REVISED INTERLOCAL AGREEMENT, ATTACHED AS EXHIBIT A,
BETWEEN THE CITY OF ATLANTIC BEACH, THE CITY OF JACKSONVILLE,
THE CITY OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH, THE
TOWN OF BALDWIN, (THE "CITIES") AND THE DUVAL COUNTY SCHOOL
BOARD TO COORDINATE THE LOCATION AND DEVELOPMENT OF PUBLIC
SCHOOL FACILITIES THROUGHOUT DUVAL COUNTY AND PROVIDING AN
EFFECTIVE DATE
Mayor Meserve read Resolution No. 08-10 by title only.
Motion: Approve Resolution No. 08-10
Moved by Borno, Seconded by Woods
Community Development Director Sonya Doerr explained the Resolution.
Mayor Meserve opened the public hearing.
No one from the audience spoke, so Mayor Meserve closed the Public Hearing.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 80-08-76, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES,
UTILITIES, PROVIDING NEW "SYSTEM DEVELOPMENT CHARGES"
TO REPLACE WATER AND SEWER IMPACT FEES, AND PROVIDING
AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 80-08-76 by title only.
Motion: Approve Ordinance No. 80-08-76, as read,
Moved by Borno, seconded by Parsons.
Mayor Meserve opened the Public Hearing.
Don Remley,1309 Violet, asked for clarification of what was discussed at the last
meeting regarding the fees. He stated he understood that the way it was left was the
citizens would have until the end of this yeaz to pay the $1,250 and the permit would be
good until December 31, 2011.
Au¢ust 25, 2008 REGULAR COMMISSION MEETING Page 6
No one else from the audience spoke so the Mayor closed the Public Hearing.
Utility Director, Donna Kaluzniak explained this ordinance makes growth pay for
itself, stating language was added allowing those who are required to connect to City
sewer to pay the current impact fee of $1,250 per unit by December 1, 2008 and if they
pay now they will not have to connect until the end of their assessment. She stated
those who are going to wait to pay their fee until after December 1, 2008 have until one
year after their assessment. She stated for Beach Avenue assessments expire May
2010, which is when they will have to connect by and in Marsh Oaks it is November
2011. She also stated staff provided a comparison of our fees with other fees. She
stated Atlantic Beach is higher than Jacksonville Beach and Neptune Beach, because
they have not revised their fees in a number of years. She stated Atlantic Beach is a
little below average nationwide and a little above average statewide.
Commissioner Parsons proposed giving an extra year after the assessment date to
connect. He also stated the rates are extremely high compared to other cities. Ms.
Kaluzniak stated the rates are based on an engineering analysis related to the existing
infrastructure and the value of the infrastructure, plus future requirements, which will
be extensive due to TMDL work, etc. Mr. Hanson stated the current estimate to
upgrade wastewater plants to meet the new TMDL standards is $10,000,000. He
explained a portion of that is for excess capacity to take on new customers and the
impact fees keep the rate increase to a minimum. He stated if these impact fees aze
lowered, it would mean everybody else would have to pay higher rates.
Discussion ensued regarding which date would be required for connection to sewer
after payment of impact fee.
Commissioner Borno asked for the history of how long this has been put off. Mr.
Hanson explained in 2000 there were 300 people with septic tanks that had City sewer
availability. He stated State law mandated they had one year after the City service was
available to connect and the City questioned whether they should force everyone to
connect to the City sewer system according to State law. He stated the Commission
made the decision that that would be a hardship for a lot of people and agreed to allow
five yeass to connect to the City sewer system, if they had no assessments. If they had
assessments, they were given to one year after their assessments ended because they
felt if they were already paying an assessment for the sewer line, it may be a hazdship
to ask them to pay for the conversion cost also so they were given one yeaz after the
assessment ended to give them an extra year to put money away for the conversion. He
stated approximately 2/3 of the septic tanks have been converted to the City sewer
system now. Commissioner Borno stated that now by going another year beyond the
expiration of the assessment period they just keep stringing it out and he does not
believe there should be a modification made to it.
It was the consensus of the Commission to not allow an additional year for connection
to sewer and to use the language changes in the Ordinance as attached to the agenda.
Amended Motion: Add new lanauase included in Ordinance No. 80-08-76 in
agenda aacket of 8/25/08
August 2S. 2008 REGULAR COMMISSION MEETING Page 7
Moved by Fletcher, Seconded by Woods
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Mayor Meserve called for a vote on the original motion as amended.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Ordinance No. 33-08-15, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CALLING FOR A REFERENDUM TO AMEND SEC 5 OF THE CITY
CHARTER TO REMOVE THE REQUIREMENT THAT
COMMISSIONERS RESIDE IN SPECIFIC DISTRICTS, TO REQUIRE
THE COMMISSION TO ASSIGN COMMISSION SEATS TO
REPRESENT DISTRICTS, AND PROVIDING AN EFFECTIVE DATE
(Comm. Parsons)
Ordinance No. 33-08-15 was withdrawn by Commissioner Parsons earlier in the
meeting.
C. Ordinance No. 25-08-40, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, BUILDING
AND BUILDING REGULATIONS, TO PROVIDE CLARITY TO THE
RECENTLY ADOPTED INTERNATIONAL PROPERTY
MAINTENANCE CODE, AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 25-08-40 by title only.
Building Official Mike Griffin explained this Ordinance is basically a housekeeping
ordinance, identifying who enforces the ordinance, identifying what codes are enforced
with the ordinance and provides definitions for unsafe buildings.
Motion: A~nrove Ordinance No. 25-OS-40, as read.
Moved by Borno, seconded by Parsons.
Mayor Meserve opened the Public Hearing.
No one from the audience spoke so the Mayor closed the Public Hearing.
August 25.2008 REGULAR COMMISSION MEETING Page 8
Votes:
Aye: S -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
D. Ordinance No. 90-08-206, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, TO PROVIDE TIME LIMITS ON
TEMPORARY STRUCTURES, TO CLARIFY FRONT YARD PARKING
REQUIREMENTS FOR RECREATIONAL VEHICLES, BOATS, ETC.,
AND TO PROHIBIT INSTALLATION OF BURGLAR BARS, METAL
AWNINGS, ETC., ON COMMERCIAL PROPERTIES, AND PROVIDING
AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 90-08-206 by title only.
Motion: AQprove Ordinance No. 90-08-206. as read.
Moved by Borno, seconded by Fletcher.
Mayor Meserve opened the Public Hearing.
Michael Hoffmann, 176 Camelia St., stated he favors the changes that enhance public
safety but does not favor those that have to do with aesthetics.
Jonathan Daugherty, 830 Hibiscus St., stated he is opposed to the restrictions on
parking a boat on your property and does not believe the City should be able to restrict
burglar bars on businesses.
Lindsay Libhart, 3S1 Main Street, stated she thought it has always been a rule that
citizens cannot park recreational vehicles in front of their homes and also asked
whether burglar bars on the inside of windows of commercial property were allowed.
No one else from the audience spoke so the Mayor closed the Public Hearing.
Commissioner Woods suggested deleting "used for protection against the elements
and/or for decorations" under Section l.(a)(a). Discussion ensued.
Amended Motion: Strike "used for urotection against the elements and/or for
decorations" under Section 1.(a)(a)
Moved by Woods/Seconded by Borno
City Attorney stated the elimination as proposed makes this ordinance stronger.
Votes:
Aye: 4 -Borno, Meserve, Parsons, Woods
Nay: 1-Fletcher
MOTION CARRIED
Ausust 25.2008 REGULAR COMMISSION MEETING Pace 9
Mayor Meserve called for a vote on the original motion, as amended.
Votes:
Aye: 4 -Borno, Meserve, Parsons, Woods
Nay: 1-Fletcher
MOTION CARRIED
E. Ordinance No. 95-08-96, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 12, NUISANCES, TO PROVIDE FOR QUICKER
PAYMENT OF CITY FUNDED REMEDIATION COSTS, AND PROVIDING
AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 95-08-96 by title only.
Chief Thompson explained, after further review, the language addressing obscuring
windows was omitted from the Ordinance. He stated this Ordinance now only
addresses eliminating the delay in filing liens against property owners.
Motion: Aoorove Ordinance No. 95-08-96, as read.
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
F. Ordinance No. 33-08-16, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ESTABLISHING THE FOUR DISTRICTS FOR SEATS TWO THROUGH
FIVE OF THE CITY COMMISSION, ASSIGNING CITY COMMISSION
SEATS TO THE DISTRICTS, SETTING AN ELECTION SCHEDULE, AND
PROVIDING AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 33-08-16 by title only.
Mayor Meserve stated, due to Ordinance No. 33-08-15 being withdrawn, he believes
there are some changes that need to be made to this Ordinance before it is brought back
to the Commission, so he would entertain a motion to defer.
Motion: Defer Ordinance No. 33-08-16 to next meeting.
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
AuQUSt 25.2008 REGULAR COMMISSION MEETING Page 10
Miscellaneous 8. Miscellaneous Business
Business
A. Florida Statutes related to dogs in outdoor dining areas
Ms. Doerr explained the 2006 State legislation which requires local governments to
issue permits to allow restaurants to have dogs in their outdoor seating azeas. She
further explained this legislation was a pilot program which expires in July 2009 if they
don't renew it.
After discussion, it was the consensus of the Commission to direct staff to prepaze an
Ordinance.
B. Police Chief Appoinrinent (City Manager)
City Manager Hanson explained due to David Thompson's retirement as Public Safety
Director, the City will not fill that position, but rather will fill the position of police
chief. He explained City Code states that the Chief of Police shall be the head of the
Police Department and shall be appointed and removed by the Director of Public
Safety, subject to the approval of the City Commission. He stated both he and David
Thompson concur in the recommendation of Mike Classey to be promoted to Police
Chief. Mr. Hanson then outlined Mr. Classey's qualifications for the position.
Motion: Approve appointment of Mike Classey as Police Chief, effective October
1.2008
Moved by Borno, Seconded by Woods
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Fat, Oil and Grease (FOG) Program
Donna Kaluzniak presented a slide show outlining the proposed FOG program and
explained the related problems to the sewer system without a program. She further
explained Atlantic Beach will not charge a permit or inspection fee when implementing
this program. Ms. Kaluzniak then answered questions from the Commission.
It was the consensus of the Commission to authorize staff to implement the FOG
program but also asked that they explore chemical options as a future alternative to
P~p~g•
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson reported the latest alcohol deployment found no one who would sell
alcohol to a minor.
August 25.2008 REGULAR COMMISSION MEETING Pace 11
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney City Attorney Jensen
• Announced the Selva Preserve lawsuit was dropped.
Commissioner Borno
• Reported on the Florida League of Cities Conference in Tampa.
• Asked what staff thinks about the Feral Cat Ordinance.
• Regarding the JEA outages, suggested the City go to them to get the history of
the last storm as related to where they had to make repairs.
• Thanked staff for their work in keeping the drains cleaz during the storm.
Commissioner Parsons
Stated he has received additional complaints about the dog catchers.
Commissioner Woods
Reminded citizens of the budget meeting on Wednesday and suggested they try
to attend.
Commissioner Fletcher
• Stated he believed Commissioner Pazsons did the right thing in withdrawing the
Ordinance to modify district representation.
Mayor Meserve
• Congratulated the City for approaching the storm seriously. Stated he believes
staff did a marvelous job.
• Palms project is approaching the end of the six months deadline period. The
Mayor outlined who he has contacted on the owner's behalf about funding. He
stated he believes this project should go through the normal enforcement
procedures and have the City Attorney send the owner a letter so the City can
enforce their laws. Commissioner Borno stated he will provide some
information he received at the Florida League of Cities Conference regarding
funding.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:18 pm.
ATTEST:
John S. Meserve, Mayor/Presiding Officer
Donna L. Bartle, CMC
City Clerk